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Vol.1 Pg 343 & 345
Kanawha County W(Va)
I Jonathan Derrick of the County of Kanawha, being now of sound mind, do make this as and for my last will and testament.
First- I revoke all former wills made by me whether the same be oral or written.
SECOND - I give and bequeath to my son Andrew all that portion of my land lying on Pocatalico and its waters which I purchased of H.O. Middleton, John L. Lehon & others which lies in the following boundary, beginning at the upper end of said purchase on the North or lower side of Pocatalico at John Fishers line on Pocatalico River. Thence down Pocatalico River with its meanders and binding thereon, to a large Black walnut in the narrows, standing about twenty steps from the river, thence out from the river at right angles therewith to the back line of my said purchase--thence with said back line up the river Pocatalico to the aforesaid Fishers line and thence to the place Beginning.
THIRD - I give and bequeath to my son Leroy all that portion of my land purchased as aforesaid- beginning at the said Black Walnut, and running down the said river, with its meanders to the mouth of a big creek called Derrick's Creek-thence up the said creek with it's smeanders to the back line of said purchase-thence with his line to the place of beginning at the black Walnut aforesaid.
FOURTH- I give and bequeath to my son Michael all that portion of my land purchased as aforesaid- beginning at the mouth of said Derrick's Creek on the lower side, and running down said river Pocatalico with land purchased as aforesaid- beginning at the mouth of said Derrick's Creek on the lower side, and running down said river Pocatalico with its meanders to the branch that puts in nearly opposite, and below the house in which George Boggess now lives-thence up the branch aforesaid-thence to the lower end of an improvement made by my son John, thence along the lower side of the fence thence along and down said Creek to the mouth thereof, the place of beginning.
FIFTH- I give and bequeath to my daughters Agness and Amanda all that part of my purchases aforesaid lying on the upper or South side of the river Pocatalico aforesaid, to be divided between them according to quantity and quality-in case they cannot agree between them as to the manner of making the division-It is my desire that they shall each chose one respectable person to make the division-and in case of the said referees disagreement the said referees to chose an umpire whose award is to be final and then my said daughters to draw lots for choice.
MEMORANDUM- My son John and son in-law George Boggess are interested with me in the purchase from Middleton of 1286 acres, that is I own three fifths of said 1286 acres, and said John and George one fifth each -- and my understanding is that said George has selected his share where he now lives - and said John where he now lives, including two small clearings containing in all about six or eight acres, both of which lie in the bounds above set off and bequeathed to my son Leroy (and which two clearings are hereby excepted from said bequest).
SIXTH- To my beloved wife Mary (in case she shall survive me) I give and bequeath one third part of all my personal estate-and if she shall choose after my death to reside with my son Leroy instead of taking one third of the lands--I enjoin on said Leroy that he maintain her in all comfort in a separate house, if she prefers to live to herself, and if said Leroy shall in all things do her right, and act by her the part of a good son, it is my request that at her death she leave to said Leroy all his disposable property.
SEVENTH- I give to my said daughters Agness and Amanda, each one good cow and one good feather bed, and also to each of them a good horse.
EIGHTH- To my daughter Nancy, I give one good feather bed, and one good cow.
NINTH- The rest and residue of my property of every description whatsoever (after the payment of my just debts and funeral expenses) I give and bequeath in equal shares to my sons Andrew, Michael and Leroy. I enjoin on my son Leroy to see that at my death I am decently buried.
Given under my hand and seal this 5th day of September 1842.
Jonathan Derrick (seal)
Signed sealed published and declared by the said Jonathan Derrick in our presence and in the presence of all of us to be his last Will and Testament he being of sound mind at the time. Which is this 5th day of September 1842.
And where as I have laid off in the portion of land bequeathed to my son Michael a grave yard for the burial of the dead of my family, it is therefor my will and desire that the same shall always be consecrated to that use, and for no other use or purpose whatsoever, enjoining as a duty on my children and their descendants always to keep the same in repair and good order.
Jonathan Derrick (seal)
Signed sealed & acknowledge in the presence of us and of each other
the testator being in sound mind.
Submitted by Marieda DERRICK EDENS MDEroots@aol.com
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